SANITATION AND CONSERVANCY (REGIONAL COUNCIL) BY-LAWS

SANITATION AND CONSERVANCY (REGIONAL COUNCIL) BY-LAWS

SANITATION AND CONSERVANCY (REGIONAL COUNCIL)
BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law .................................. Page
PART 1

PRELIMINARY

1. Citation............................... ... ... ... ... ... ... ... ... BV

2. Application............................... ... ... ... ... 1 ... ... BV 2

3. Interpretation .............................. ... ... ... ... ... ... BV 2

PART 11

LATRINES AND URINALS

4. Floors of latrines to be constructed of impervious material or paved ... ... ... BV 2

5. Duties of occupiers and owners of premises, etc. with respect to latrine
accommodation ... ... ... ... ... ... ... ... ... ... ... ... ... BV 3
6. Prevention of obstruction to latrines or urinals ... ... ... ... ... ... ... BV 3

PART 111

SANITARY PAILS OR CONTAINERS

7. Duty of occupier of premises not having latrine accommodation ... ... ... BV 3

PARTIV

CONSERVANCY

8. Disposal of contents of sanitary pails, etc . ... ... ... ... ... ... ... ... BV 4
9. Application for conservancy service ... ... ... ... ... ... ... ... ... BV 4

PART V

OFFENCES AND PENALTIES

10. Offences and penalties... ... ... ... ... ... ... ... ... ... ... ... BV 5

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BV 5





SANITATION AND CONSERVANCY (REGIONAL COUNCIL)
BY-LAWS

(Cap. 132, sections 15 and 29)

[1 September 1969.1

PART I

PRELIMINARY

1. These by-laws may be cited as the Sanitation and Con-
servancy (Regional Council) By-laws.

2. (1) Save as provided in paragraph (2) these by-laws shall
apply to the Regional Council area.

(2) Parts 111 and IV of these by-laws shall apply only to those
areas of the Regional Council area set out in the Schedule and more
particularly delineated and marked in red on plans prepared and
signed by the Director of Buildings and Lands and deposited in
the District Office of the area concerned.

3. In these by-laws, unless the context otherwise requires---

'Council' means the Regional Council;
'excretal matter' means human excretal matter but not such matter
after maturation;
'latrine'' means a room used for the housing of a fixed receptacle
provided for the reception of excretal matter;
,,owner' includes any person holding premises direct from the
Crown whether under lease, licence or otherwise, any mort-
gagee in possession and any person receiving the rent of any
premises, solely or with another, on his own behalf or that of
any person, or who would receive the same if such premises
were let to a tenant, and where such owner as above defined
cannot be found or ascertained or is absent from Hong Kong or
is under disability, the agent of such owner;

,,urinal' means a fixed receptacle housed in a latrine for the purpose
of urination.

PART 11

LATRINES AND URINALS

4. The owner, or, if the owner is absent from Hong Kong or
cannot readily be found, the occupier.. of any premises in which a
latrine is installed shall cause the floor of such latrine, to be
constructed of or paved with smooth, hard, impervious material and
shall at all times keep the same in good condition and repair.





5. (1) The occupier of any premises or part of any premises
in which a latrine is installed shall at all times keep such latrine in a
clean and hygienic condition.

(2) The owner, or if the owner is absent from Hong Kong
or cannot readily be found, the occupier of any premises in which
a latrine or urinal is installed shall, if the type of latrine or
urinal installed is such as to require the use of water for flushing
purposes, provide at all times an adequate supply of water for such
purposes.

(2A) For the purposes of paragraph (2), where a latrine or
urinal is connected to a piped water flushing system the supply
of water shall not constitute an adequate supply unless the water
is supplied directly to such latrine or urinal by way of such
system.

(3) Where a latrine or urinal installed in any premises is
ventilated by a mechanical ventilating system, the owner, or if the
owner is absent from Hong Kong or cannot readily be found, the
occupier of the premises shall at all times keep it maintained in
good working order.

6. No person shall insert or permit to be inserted into any
latrine or urinal, which requires the use of water for flushing
purposes, any matter which is not easily soluble in water or which
is likely to prevent or obstruct the proper operation thereof.

PART 111

SANITARY PAILS OR CONTAINERS

7. (1) In any premises in which no latrine accommodation
can be provided the occupier of such premises or part thereof shall
provide sufficient sanitary pails or containers for the use of the
inmates of the premises so that there shall be not less than 1 sanitary
pail or container for each 25 inmates or part thereof.

(2) Every such sanitary pail or container shall-

(a) be of a size suitable to its purpose;

(b) be constructed of smooth impervious material; and

(c)have either a close-fitting lid or cover, or be enclosed in a
box or structure, so made as to prevent the emission of
smell therefrom or the access of flies thereto and con-
structed to the satisfaction of the Council.

(3) Every sanitary pail or container and all fittings or appli-
ances appurtenant thereto shall, at all times, be maintained in good
repair and in a clean and hygienic condition to the satisfaction of the
Council by the occupier of the premises in which it is installed.





PARTIV

CONSERVANCY

8. (1) Subject to the provisions of this by-law, no person
shall dispose of any of the contents of any sanitary pail or container
from any premises or any part of any premises except through a
conservancy service operated by the Council.

(2) The owner or occupier of any premises may apply to the
Council in the manner prescribed in by-law 9 for the provision
of a conservancy service for the premises.

(3) The Council shall, within 7 days after receiving an applica-
tion in the manner prescribed in by-law 9, notify the applicant in
writing whether or not it will provide a conservancy service for the
premises specified in the application.

(4) Where no conservancy service is provided for the time
being to any premises, the occupier of the premises shall dispose of
the contents of every sanitary pail or container at least once in every
24 hours in such manner as to prevent the causing of any nuisance or
smell or the access of flies thereto:

Provided that in no case shall the contents of any sanitary pail
or container be thrown into the sea or into any stream, water-course.
open drain or ditch.

(5) The occupier of any premises for which a conservancy
service is provided shall, unless the Council expressly notifies him
to the contrary, place or cause to be placed each sanitary pail or
container in such a position as-

(a) will be conveniently accessible from the nearest street used
by such conservancy service for collection purposes;

(b)will not necessitate the removal of such sanitary pail or
container through obstructed passageways; and

(c)will not, unless no other method is practicable, necessitate
the removal of such pail or container through any kitchen,
bedroom or sleeping quarter:

Provided that in no case shall any sanitary pail or container be
placed in a street.

9. (1) Every application for the provision of a conservancy
service shall be made in writing addressed to the Council and shall
state-

(a) the date upon which the service is required to commence;

(b) the full name and address of the applicant;

(c)the full name and address of the owner of the premises in
question, unless such owner is the applicant; and





(d)the address in detail of the premises for which the service is
required.

(2) Where the applicant for a conservancy service does not
expect that the service will be required by him for more than 30 days,
he may state in the application that a temporary service is required
and shall state, as near as may be, the date from which he wishes the
service to cease.

(3) The owner or occupier of premises for which a conser-
vancy service will no longer be required shall give to the Council
not less than 3 davs notice thereof in writing and shall, in such
notice, state why t~e service will no longer be required.

(4) Where application is made by the occupier of any premises
for the provision of a conservancy service and where notice is given
to the Council that the provision of a conservancy service for any
premises will no longer be required, the Council shall, save where
the applicant or the person giving such notice is the owner, or the
agent in Hong Kong of the owner, of such premises, cause notice
in writing of the receipt of the application or notice and of the
determination thereon to be sent to the owner or his agent in Hong
Kong addressed to the last address in Hong Kong of either of them
which is known to the Council.

PART V

OFFENCES AND PENALTIES

10. (1) Any person who contravenes any of the provisions of
by-law 4 or 5 shall be guilty of an offence and shall bi~ liable on
conviction to a fine of $500 and to imprisonment for 14 days and,
where the offence is a continuing offence, shall be liable in addition
to a fine of $10 for each day during which it is proved to the
satisfaction of the court that the offence has continued.

(2) In any prosecution for the contravention of by-law 5(2)
it shall be a defence if the owner or occupier of the premises satisfies
the court that he had lawful excuse for failing to provide an
adequate supply of water for flushing purposes.

(3) Any person who contravenes any of the provisions of
by-law 6, 7 or 8 shall be guilty of an offence and shall be liable on
conviction to a fine of S250 and to imprisonment for 7 days,and
where the offence is a continuing offence, shall be liable in addition
to a fine of $5 for each day during which it is proved to the
satisfaction of the court that the offence has continued.


SCHEDULE [by-law 2.]

1. Tsuen Wan.
2. Kau Wa Keng.
L.N. 93/68. L.N. 94/74. L.N. 29/78. L.N. 371/81. L.N. 76/82. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 115/69. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Schedule. L.N. 94/74. L.N. 370/81. L.N. 76/82. L.N. 94/86. Interpretation. 10 of 1986, s. 32(2). L.N. 67/85. Floors of latrines to be constructed of impervious material or paved. Duties of occupiers and owners of premises, etc. with respect to latrine accommodation. L.N. 29/78. Prevention of obstruction to latrines or urinals. Duty of occupier of premises not having latrine accommodation. 10 of 1986, s. 32(2). Disposal of contents of sanitary pails, etc. 10 of 1986, s. 32(2). Application for conservancy service. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2).

L.N. 93/68. L.N. 94/74. L.N. 29/78. L.N. 371/81. L.N. 76/82. L.N. 67/85. 10 of 1986. L.N. 94/86. L.N. 115/69. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Schedule. L.N. 94/74. L.N. 370/81. L.N. 76/82. L.N. 94/86. Interpretation. 10 of 1986, s. 32(2). L.N. 67/85. Floors of latrines to be constructed of impervious material or paved. Duties of occupiers and owners of premises, etc. with respect to latrine accommodation. L.N. 29/78. Prevention of obstruction to latrines or urinals. Duty of occupier of premises not having latrine accommodation. 10 of 1986, s. 32(2). Disposal of contents of sanitary pails, etc. 10 of 1986, s. 32(2). Application for conservancy service. 10 of 1986, s. 32(2). Offences and penalties. 10 of 1986, s. 32(2).

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